Housing Secretary Robert Jenrick has announced the introduction of new policies that aim to restrict the use of Article 4 directions when it comes to housing delivery.
Under the Town and Country Planning (General Permitted Development) (England) Order SI 2015/596, a so-called Article 4 direction can be issued that suspends certain permitted development rights for a specific reason, such as the protection of a conservation area. When such directions are issued, the specified permitted development right will not apply, meaning planning permission will have to be sought for the development where usually it wouldn't.
However, with housing delivery being seen as a major planning issue, the Housing Secretary has issued a new paragraph 53 under the National Planning Policy Framework (NPPF) to limit the use of Article 4 directions when certain housing developments are proposed. This includes a limitation on the use of the directions where there is a proposal to change a non-residential use to a residential use, so the direction can only be used to avoid wholly unacceptable negative impacts. However, the new policy does not apply to changes between different residential uses.
Article 4 directions can still be issued to protect local amenities or the well-being of the area.
Mr Jenrick said, "As part of our ongoing measures to improve the planning system, increase housing supply on brownfield land, stimulate investment in urban areas and sustain jobs, we have in recent years introduced new permitted development rights which allow the change of use to residential without the need for a full planning application," and that these measures were to "ensure that our policy on Article 4 directions is used in a highly targeted way to protect the thriving core of historic high street areas, but does not unnecessarily restrict the ability to deliver much-needed housing through national permitted development rights. Our new policy will apply to all Article 4 directions."
The Housing Secretary also stated that new Article 4 directions had to be notified to him, and officials will be scrutinising them to ensure they comply with the new policy.
